Movistar is questioning Subtel for allowing Entel and Claro to use the 3.5 GHz band and applies Scalability to TDLC

He alleges that both companies provide services in this band, except those that have been authorized.

New disputes have arisen in the telecoms sector. This is because Movistar has entered a query with the Free Competition Authority to find out whether a decision in which the body has only partially frozen the 3.5 GHz band gives Entel and Claro benefits in terms of 5G technology.

To implement this technology, Subtel has decided to freeze the use of this group, where these two companies have national coverage. Following the opposition of national and Mexican companies, this authority partially changed the measure where businesses are deploying fixed services over wireless networks.

Therefore, before TDLC, Movistar asked whether the fact that Entel and Claro could continue to develop the 3.5 GHz band would leave them with a better position to offer 5G and be able to offer service to others,

"Enforcement of Subtel's decision could cause anti-competitive harm unless the necessary safeguards are in place to prevent 3.5 GHz subscribers from gaining artificial and insurmountable anti-competitive advantages that would enable them to exclude their competitors from the mobile telecommunications industry and compete outside the concession the market structure proposed by the ex-ante regulation to stimulate competition, "said a 21-page document.

In fact, Movistar states that Entel and Claro provide services in this group other than those that were approved since initially when the offer was made in 1999, it was intended to develop fixed telephony but wirelessly, which would, in theory, exclude mobile technologies , which are the basis of the charge.

"The purpose of these license requests is simply to deploy a 5G-compliant infrastructure that would provide Entel and Claro with competitive advantages over other mobile operators unless a down payment is made," Movistar says.

According to the Spanish company, these two companies will have a well-established infrastructure that will give them an advantage in the tender, and if they are given 5G space, they will be able to market their services much earlier than their competitors.